*/
A Bill to strengthen data protection could strip back the right to confidential legal advice, the Bar Council warned.
Bar Chair Andrew Walker QC said the Data Protection Bill, going through Parliament, will give the Information Commissioner’s Office (ICO) ‘sweeping powers to access legally privileged material’.
He said: ‘The irony is that these powers are designed to give citizens more control and protection over how their data are used, but the effect will be to allow access to their legally privileged communications without their consent.’
Walker warned that the bill will undermine the right to confidential legal advice, protected by the common law and Articles 6 and 8 of the European Convention on Human Rights.
He said that imposing a duty on lawyers to respond to ICO demands for privileged information would place them in the invidious position of being unable to reassure clients they will be able to protect the confidentiality of information imparted to them.
The Bar Council also warned that the bill could let the Home Office ‘off the hook’ for making incorrect decisions that see people wrongly deported or detained.
It said the bill gives the Home Office a wide-ranging exemption from its obligation to tell people what data it has on them.
Walker said: ‘Making a Subject Access Request is often the only way for people who are in the immigration system to find out crucial information relevant to their immigration status, and even to find out the very basis for adverse decisions that the Home Office has already made about them.’
Blocking access, he said, will insulate the Home Office from challenges to its ‘notoriously poor’ decision-making.
A Bill to strengthen data protection could strip back the right to confidential legal advice, the Bar Council warned.
Bar Chair Andrew Walker QC said the Data Protection Bill, going through Parliament, will give the Information Commissioner’s Office (ICO) ‘sweeping powers to access legally privileged material’.
He said: ‘The irony is that these powers are designed to give citizens more control and protection over how their data are used, but the effect will be to allow access to their legally privileged communications without their consent.’
Walker warned that the bill will undermine the right to confidential legal advice, protected by the common law and Articles 6 and 8 of the European Convention on Human Rights.
He said that imposing a duty on lawyers to respond to ICO demands for privileged information would place them in the invidious position of being unable to reassure clients they will be able to protect the confidentiality of information imparted to them.
The Bar Council also warned that the bill could let the Home Office ‘off the hook’ for making incorrect decisions that see people wrongly deported or detained.
It said the bill gives the Home Office a wide-ranging exemption from its obligation to tell people what data it has on them.
Walker said: ‘Making a Subject Access Request is often the only way for people who are in the immigration system to find out crucial information relevant to their immigration status, and even to find out the very basis for adverse decisions that the Home Office has already made about them.’
Blocking access, he said, will insulate the Home Office from challenges to its ‘notoriously poor’ decision-making.
Chair of the Bar reflects on 2025
AlphaBiolabs has donated £500 to The Christie Charity through its Giving Back initiative, helping to support cancer care, treatment and research across Greater Manchester, Cheshire and further afield
Q&A with criminal barrister Nick Murphy, who moved to New Park Court Chambers on the North Eastern Circuit in search of a better work-life balance
Revolt Cycling in Holborn, London’s first sustainable fitness studio, invites barristers to join the revolution – turning pedal power into clean energy
Rachel Davenport, Co-founder and Director at AlphaBiolabs, reflects on how the company’s Giving Back ethos continues to make a difference to communities across the UK
By Marie Law, Director of Toxicology at AlphaBiolabs
Are you ready for the new way to do tax returns? David Southern KC explains the biggest change since HMRC launched self-assessment more than 30 years ago... and its impact on the Bar
Professor Dominic Regan and Seán Jones KC present their best buys for this holiday season
Marking one year since a Bar disciplinary tribunal dismissed all charges against her, Dr Charlotte Proudman discusses the experience, her formative years and next steps. Interview by Anthony Inglese CB
Little has changed since Burns v Burns . Cohabiting couples deserve better than to be left on the blasted heath with the existing witch’s brew for another four decades, argues Christopher Stirling
Pointillism, radical politics and social conscience. Review by Stephen Cragg KC
